Daily Yellowstone journal., 1887-05-11
Wednesday, May II, 1887.
REFORM IN MARRIAGE LAWS.


There is perhaps not a state Of the
Union that might not In the interest
of society reform its marriage laws 10
the direction of enlsrging their re-
quirements and providing for their
better en- Increment. 1t lie certain that
in many OF the states legislation on
this subject has been extremely lax
and inadequate, even II the utmost
latitude be given TO the view that mar
rage is simply and only a evil con.
tract. This subject il discussed Ia the
May number Of the Forum by Judge
Edmund II. Bennett, who takes radi.
cal ground in favor Of a general reform
OF marriage laws, for indeed until the
reform shat become general the evils
now complained Of cannot be wholly
Removed, however stringent the law.
may be made in certain states. The
steady increase In the number Of di-
vorces throughout the entire country
Judge Bennett considers to he quite a.
much due to the loose and insufficient
marriage laws AZ TO the lax and easy
divorce law. now existing in 80 many
sections Of the country. when
children Of II and II yeaIs of age are
allowed by law to assume marriage
obligations; when consent oi neither
parent nor guardian il required; whe"
no publicity lie prescribed, no previous
announcement necessary, no oppor'
tunity for the prevention Of { aud III.
lowed; when, a. IN most states in the
case. no ceremony before any prison,
minister or magistrate, is demanded,
nor even any declaration or marriage
promise before Il single witness. what
else can be expected but the most IN
wise, rash and absurd unions o"
From such lnions comes most of the
domestic wretchedness that is finally
aired and ended in the divorce trltu-
mails. The reform which Judge Ben
nett regarded Of importance II to raise
the lawful aye Of marriage. Ii ought
to be Is at least, ami he thinks 1t
would be better still If It were q, un.
less the parent or guardian consent.
C~landesiine and foolish marriages
would be prevented by requiring some
previous announcement, publication
or lublic registry of intentions Ia
marry, 50 long before the event that
friends and relatives of either party
would he enabled Ia intervene If all
vas not rignt. A third precaution
would be that all marriages should be
sUlemnized ~ tue presence of wit.
nesses, before some minister or civil
magistrate, who should keep n record
of the same, signed by the parties, the
witnesses and himself. He should
have the power 10 put the parties
under oath H. o. their age, situation
antecedents, etc, aud false swearing
should b. perjury, punishable rs such.
Another provision should be TO make
the laws regulating the marriage cere.
mony peremptory, and declaring all
marriages otherwise entered into null
and void, subiecting the parties there
to to criminal prosecution. Mere pro-
hibitory laws are insufficient; they
should be highly prual. 1t il not nee.
essary to approve e.ery requirement
this plan OF reform In order to com.
mend It's general character, OF 10 OBJ
tain from II u system Of marriage laws
that would certainly be a very great
improvement upon those now existing
in msny Of the states. Doubtless no
system would prove a psnaces for all
domestic differences. The reform that
will accomplish that is not TO be Sc.
cured by legislation. But there Ger.
tainly are practicable precautions and
safeguards that would prevent evils
that are now increasing in number
and do much to lessen the probabilities
of domestic discord .-Ex.